2021 Oregon Revised Statutes
Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment
Section 809.535 - Suspension of commercial driver license for specified rail crossing violations.


(a) Failure to stop for a railroad signal in violation of ORS 811.455.
(b) Failure to follow rail crossing procedures for high-risk vehicles in violation of ORS 811.460.
(c) Obstructing a rail crossing in violation of ORS 811.475.
(d) Failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train or other on-track equipment in violation of ORS 811.462.
(2) Upon receipt of a record of conviction for an offense described in subsection (1) of this section, the Department of Transportation shall suspend the convicted person’s commercial driving privileges for the following periods of time:
(a) Sixty days if:
(A) The conviction is the person’s first conviction of an offense described in subsection (1) of this section; or
(B) The date the person committed an offense described in subsection (1) of this section is not within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction.
(b) One hundred and twenty days if:
(A) The conviction is the person’s second conviction of an offense described in subsection (1) of this section;
(B) The date the person committed the second offense is within three years of the date the person committed another offense, as described in subsection (1) of this section and for which there was a conviction; and
(C) The convictions arose out of separate incidents.
(c) One year if:
(A) The conviction is the person’s third or subsequent conviction for an offense described in subsection (1) of this section;
(B) The date the person committed the latest offense is within three years of the dates the person committed two or more other offenses, as described in subsection (1) of this section and for which there were convictions; and
(C) The convictions arose out of separate incidents.
(3) A person is entitled to administrative review under ORS 809.440 of a suspension under this section.
(4) A report of a conviction in another jurisdiction of an offense described in subsection (1) of this section has the same effect as if the conviction had occurred in this state.
(5) A suspension imposed under this section is consecutive to any other suspension imposed under this section or ORS 809.510, 809.525 or 809.530 if the suspensions do not arise out of the same incident. [Formerly 809.407; 2013 c.237 §18; 2017 c.176 §6]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation

Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment

Section 809.090 - Cancellation of registration or title for failure to qualify; notice; rules.

Section 809.095 - Cancellation of registration for false certification of compliance with financial responsibility requirements.

Section 809.100 - Hearing on proposed cancellation or refusal; judicial review.

Section 809.110 - Failure to surrender canceled registration or title; penalty.

Section 809.120 - Court-ordered suspension of registration or driving privileges for weight violation.

Section 809.130 - Suspension or revocation of driving privileges for unsettled judgment.

Section 809.140 - Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges.

Section 809.220 - Failure to appear; suspension or other procedures.

Section 809.235 - Permanent revocation of driving privileges upon conviction of certain crimes; restoration of privileges.

Section 809.240 - Court-ordered suspension or revocation; taking possession of license or permit; temporary permit.

Section 809.260 - Court-ordered suspension of driving privileges of juvenile.

Section 809.270 - Driver improvement course; enforcement by suspension or restriction of privileges.

Section 809.275 - Court to take possession of license or permit; effective date of suspension or revocation.

Section 809.280 - Department procedures following court order of suspension or revocation; length of suspension or revocation.

Section 809.310 - Cancellation or suspension of driving privileges; grounds; surrender of license or permit; duration; reissuance of privileges.

Section 809.312 - Reissuance of privileges after suspension for submitting false information.

Section 809.320 - Cancellation on written request of parent or legal guardian.

Section 809.360 - General provisions relating to suspension or revocation of driving privileges.

Section 809.380 - Period of suspension; effect; reinstatement; fee.

Section 809.390 - Period of revocation; effect; reinstatement; fee.

Section 809.400 - Suspension or revocation for out-of-state conviction.

Section 809.406 - Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement.

Section 809.409 - Revocation for conviction of crime.

Section 809.411 - Suspension for conviction of crime.

Section 809.412 - Authority of juvenile court for suspension or revocation.

Section 809.415 - Suspensions for conduct involving judgments, financial responsibility, dishonesty; rules.

Section 809.416 - When person subject to suspension under ORS 809.415; duration.

Section 809.417 - Suspension for conduct regarding accidents.

Section 809.419 - Suspensions for physical or mental condition or impairment.

Section 809.421 - Suspensions for miscellaneous driving-related actions.

Section 809.428 - Schedule of suspension or revocation periods for certain offenses.

Section 809.430 - Notice of suspension, cancellation or revocation; contents; service; rules.

Section 809.440 - Hearing and administrative review procedures; defenses; rules.

Section 809.450 - Hearing for rescission of suspension for financial and future responsibility violations; grounds.

Section 809.460 - Rescission of suspension or revocation upon appeal of underlying conviction.

Section 809.470 - When judgment considered settled for purposes of suspension requirements.

Section 809.480 - Driver improvement programs; rules; purpose; suspension; fee.

Section 809.490 - Suspension or revocation of driving privileges of nonresident driver; reports to home state.

Section 809.500 - Failure to return suspended, revoked or canceled license; penalty.

Section 809.510 - Conviction of crime; refusal or failure of blood alcohol test; suspension in another jurisdiction.

Section 809.515 - Failure to appear, pay fine or obey court order in another jurisdiction; disqualification by Federal Motor Carrier Safety Administration.

Section 809.520 - Lifetime suspension of commercial driving privileges.

Section 809.525 - Serious traffic offenses; rules.

Section 809.530 - Violation of out-of-service order.

Section 809.535 - Suspension of commercial driver license for specified rail crossing violations.

Section 809.540 - Right to apply.

Section 809.545 - Administrative review.

Section 809.550 - Application of ORS 809.510 to 809.545.

Section 809.600 - Kinds of offenses and number of convictions.

Section 809.610 - Restriction of driving privileges; notice; meeting.

Section 809.700 - Court-ordered impoundment or immobilization upon conviction; grounds; duration; vehicles subject; return; security interest holder rights.

Section 809.702 - Tampering with vehicle immobilization device; penalty.

Section 809.716 - Hearing on impoundment.

Section 809.720 - Impoundment for specified offenses; grounds; notice; release.

Section 809.725 - Notice following impoundment under city or county ordinance.

Section 809.730 - Seizure of motor vehicle for civil forfeiture; driving while under the influence of intoxicants.

Section 809.735 - Preemption of local forfeiture ordinances.

Section 809.740 - Seizure of motor vehicle for forfeiture; driving while suspended or revoked.